reddog
01-23 12:15 PM
As long as you are getting paid for the posistion your H1B co has hired you for, and are getting paystubs to prove that, you are fine.
You had a client and you were getting paid by your H1b employer, now you are getting paid cos you are working for your H1b employer directly. that is how I read it.
Your H1B petitioning company has to give a letter stating your continous employment with them, and that should be good.
PS: Techincally and legally speaking, you are borderline OK, however, with all the facts you have stated, it is illegal for you to be in the US on an H1B.
You had a client and you were getting paid by your H1b employer, now you are getting paid cos you are working for your H1b employer directly. that is how I read it.
Your H1B petitioning company has to give a letter stating your continous employment with them, and that should be good.
PS: Techincally and legally speaking, you are borderline OK, however, with all the facts you have stated, it is illegal for you to be in the US on an H1B.
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ImmigrationAnswerMan
06-29 06:02 PM
Your B-1 visa does not allow you to stay in the US during the gap.
You could probably leave and use the B to return during the gap, but you would not be able to work on the B and you would have to file a new change of status once you got here, with premium processing to get it approved before October 1st, so it may not be worth the cost to do so, since the gap is only about 4-6 weeks. And there is no guarantee that you would be allowed back in on the B for that purpose.
You could probably leave and use the B to return during the gap, but you would not be able to work on the B and you would have to file a new change of status once you got here, with premium processing to get it approved before October 1st, so it may not be worth the cost to do so, since the gap is only about 4-6 weeks. And there is no guarantee that you would be allowed back in on the B for that purpose.
vivid_bharti
07-13 02:30 PM
inn amendments ko chatega ? yaa poojegaa ?
Great news! The Hatch widows bill (which removes the requirement that a couple must have been married for two years before a US citizen dies) passed and included in that bill were provisions extending the religious worker green card program and the Conrad 30 J-1 physician waiver program. Each of these programs were extended for three years. The EB-5 regional center program for immigrant investors was permanently reauthorized by the Senate yesterday. The House must agree to these amendments before they go to the President and I do not yet know whether the bill will go back to the House...
More... (http://blogs.ilw.com/gregsiskind/2009/07/proimmigration-amendment-added-to-senates-dhs-spending-bill.html)
Great news! The Hatch widows bill (which removes the requirement that a couple must have been married for two years before a US citizen dies) passed and included in that bill were provisions extending the religious worker green card program and the Conrad 30 J-1 physician waiver program. Each of these programs were extended for three years. The EB-5 regional center program for immigrant investors was permanently reauthorized by the Senate yesterday. The House must agree to these amendments before they go to the President and I do not yet know whether the bill will go back to the House...
More... (http://blogs.ilw.com/gregsiskind/2009/07/proimmigration-amendment-added-to-senates-dhs-spending-bill.html)
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gcnirvana
04-20 11:29 AM
I am not sure about the voting schedule but the immigration bill will be debated in the Senate during the last two weeks of May.
I read this in USA Today:
Senate Majority Leader Harry Reid, D-Nev., has set aside the last two weeks of May for debate on an immigration bill; House Democrats hope to act before the August recess.
--------
I read this in USA Today:
Senate Majority Leader Harry Reid, D-Nev., has set aside the last two weeks of May for debate on an immigration bill; House Democrats hope to act before the August recess.
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more...
ramus
07-06 10:43 AM
It is not easy to ask anything we like. Recapturing visa need bill in both house and senate. IV is working hard on many action items. Please start taking part in all action items asap.
Thanks for your support.
As part of Class action lawsuit can we ask for recapturing of all unused visa numbers? I believe the number is at least 300K, it covers the green cards for 2003, 2004 and 2005. 2006 can go with 2008 quota. So everyone will be happy.
I believe this is the provision we should fight for instead of CIRcus.
What are your thoughts?
Thanks
Sree
Thanks for your support.
As part of Class action lawsuit can we ask for recapturing of all unused visa numbers? I believe the number is at least 300K, it covers the green cards for 2003, 2004 and 2005. 2006 can go with 2008 quota. So everyone will be happy.
I believe this is the provision we should fight for instead of CIRcus.
What are your thoughts?
Thanks
Sree
nogc_noproblem
02-14 02:58 PM
Thanks Lazycis.
From my experience, if you file EAD/AP by yourself, all communications regarding EAD/AP will go to you. No need to file G-28. If you want all I-485 communication rerouted to you, you need to file G-28 and put yourself as a representative.
I could not find age restriction for EAD, you may try to file. However there are legal restrictions on child labor in US so I really doubt they will issue EAD for a minor (under 14 years). My friend cound not get EAD for 12 year old.
Any others suggestions from other members...
From my experience, if you file EAD/AP by yourself, all communications regarding EAD/AP will go to you. No need to file G-28. If you want all I-485 communication rerouted to you, you need to file G-28 and put yourself as a representative.
I could not find age restriction for EAD, you may try to file. However there are legal restrictions on child labor in US so I really doubt they will issue EAD for a minor (under 14 years). My friend cound not get EAD for 12 year old.
Any others suggestions from other members...
more...
dpp
06-04 02:10 PM
but in this case the H1b stamp on my passport is still valid and not expired.
i am entering on nov 11th. stamp expires on december 1. why i am worried is just because the stamp is still of old employer whereas 797 is of new employer.
port of entry may ask me why didnt i get the stamp again when it is just expiring after 20 days ?? U know....
There will be no issue in entering US as you got the visa stamp till Dec 1st 2007.
Visa stamp is just to allow a person to enter US. They don't care whether it is with current employer or old employer. They just need valid visa stamp and latest I-797 approval notice of same classification. I.e. if you have H1B visa stamp and you need to have only H1B approval notice. You cannot have B1 visa stamp and use H1B approval notice.
There will be no issue. As a precaution, carry all original old approval notices also.
They will give I-94 with the end date there on latest approval. Thats for sure. But just check what date he/she is putting on I-94.
Good luck.
i am entering on nov 11th. stamp expires on december 1. why i am worried is just because the stamp is still of old employer whereas 797 is of new employer.
port of entry may ask me why didnt i get the stamp again when it is just expiring after 20 days ?? U know....
There will be no issue in entering US as you got the visa stamp till Dec 1st 2007.
Visa stamp is just to allow a person to enter US. They don't care whether it is with current employer or old employer. They just need valid visa stamp and latest I-797 approval notice of same classification. I.e. if you have H1B visa stamp and you need to have only H1B approval notice. You cannot have B1 visa stamp and use H1B approval notice.
There will be no issue. As a precaution, carry all original old approval notices also.
They will give I-94 with the end date there on latest approval. Thats for sure. But just check what date he/she is putting on I-94.
Good luck.
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ysnraju
05-15 10:28 PM
In person. They are very cool. Simple questions like when you last used or remeber etc..
more...
sandy_anand
10-30 03:47 PM
Trust me.. Unless CIR passes or fails nothing is going to change. These introductions are base less. Its like just a thought. Even all of 500k professionals who might be stuck at various stages of GC process unite and call to pass it . It will not pass. Period.
Hispanic caucus will not allow any piecemeal approach for immigration. They are holding EB reform for illegals. So lets hope that CIR gets introduce and pass with our relief. If CIR passes then it will have recapture. If it fails then we can try for recapture or any of these without worry for hispanic caucus. So I dont think so IV or even any organization like IV can do anything for next 6 months where CIR may get a chance. All we can do is call congress man and ask for support when CIR discussion comes on floor.
We may achieve some admin fixes if current administration really wants to help us.
I completely agree with what gc_on_demand said. The recent immigration provisions that zuhail is referring to is merely an extension of the sunsetting EB4 and EB5 programs. They HAD to renew it since otherwise the applications in process would be in limbo.
Unless CIR is introduced, no other EB relief is going to happen on the legislative side. If CIR passes, we will have increased visas to clear the backlog - since without first clearing the "legal" backlog, they wouldn't dare issue a single GC to illegals. If not, then recapture stands a definite chance since the Hispanic lobby would then be more open to a "piecemeal" approach. My 2 cents.
Hispanic caucus will not allow any piecemeal approach for immigration. They are holding EB reform for illegals. So lets hope that CIR gets introduce and pass with our relief. If CIR passes then it will have recapture. If it fails then we can try for recapture or any of these without worry for hispanic caucus. So I dont think so IV or even any organization like IV can do anything for next 6 months where CIR may get a chance. All we can do is call congress man and ask for support when CIR discussion comes on floor.
We may achieve some admin fixes if current administration really wants to help us.
I completely agree with what gc_on_demand said. The recent immigration provisions that zuhail is referring to is merely an extension of the sunsetting EB4 and EB5 programs. They HAD to renew it since otherwise the applications in process would be in limbo.
Unless CIR is introduced, no other EB relief is going to happen on the legislative side. If CIR passes, we will have increased visas to clear the backlog - since without first clearing the "legal" backlog, they wouldn't dare issue a single GC to illegals. If not, then recapture stands a definite chance since the Hispanic lobby would then be more open to a "piecemeal" approach. My 2 cents.
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glus
12-18 09:12 AM
Not to question you or something, my understanding is that, you can file a 7th year extn based on I-140 .. Has the rule changed?
Hi,
One can file for a 3-year H-1B extension but only after I-140 is approved. In this instant case, the person does not have an I-140 even filed/pending because he is at the PERM stage. No, the law has not changed in RE: h-1b extensions through I-140.
Best Regards,
Hi,
One can file for a 3-year H-1B extension but only after I-140 is approved. In this instant case, the person does not have an I-140 even filed/pending because he is at the PERM stage. No, the law has not changed in RE: h-1b extensions through I-140.
Best Regards,
more...
pitha
03-20 03:48 PM
predicting cir future has become semilar to the "visa bulletin prediction" nobody knows anything about it. For every article which says cir might happen there is an alternative article which points out why cir will not happen. There seems to be universal concensus that if cir is to become a reality it has to be passed by august september time frame after that it is political season and it will be lights out for CIR
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mdcowboy
12-09 11:38 AM
To complicate things further, cloture on 9-11 responders failed by 57-42. Republicans are not willing to let anything go till Tax cuts bill is undertaken.
The breaking news is the House Democrats have decided not to undertake Tax cut bill in the House, meaning the new tax cut deal announced by the President will not hold good anymore.
Its anybody's guess what will happen next. Key leaders from both sides will go behind closed doors to figure out how to make it happen.
Please standby for further updates.
DREAM Act appears dead after Dems pull it from consideration - CNN.com (http://www.cnn.com/2010/POLITICS/12/09/dream.act/index.html?hpt=T2)
The breaking news is the House Democrats have decided not to undertake Tax cut bill in the House, meaning the new tax cut deal announced by the President will not hold good anymore.
Its anybody's guess what will happen next. Key leaders from both sides will go behind closed doors to figure out how to make it happen.
Please standby for further updates.
DREAM Act appears dead after Dems pull it from consideration - CNN.com (http://www.cnn.com/2010/POLITICS/12/09/dream.act/index.html?hpt=T2)
more...
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ronhira
12-19 09:15 AM
History channel premiered a program "Naturalized" yesterday (12/18). They covered people from so man y different walks of life facing so many different problems to get GC and citizenship. But in the 90 minute program there was no coverage on how our community is struggling and no mention about the plight of the employment based category.
Makes me wonder if there is enough awareness about our cause.
other than just wondering ...... what else r u going to do about this lack of awareness?
Makes me wonder if there is enough awareness about our cause.
other than just wondering ...... what else r u going to do about this lack of awareness?
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Ramba
07-25 04:40 PM
Very easy. No need to file new 485 or CP. Interfile, by sending the copy of new 140 approval notice to your pending 485. Requset them to consider your latest approved Eb2-140 as a underlying immigrart visa petition for your pending 485. Ofcourse, you need a latest employment offer letter from the original sponser when requesting the change.
However, this may require aggressive follow up with USCIS.
However, this may require aggressive follow up with USCIS.
more...
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jkays94
07-11 09:37 PM
Wasn't it Condi who said that this fiasco was a 'small inconvenience' to the applicants ?? A creative open letter ad highlighting the absurdity of this comment in a major paper would drive the message home, just like Alberto Gonzalez's classmates from Harvard did when they published an ad in the Washington post : http://websrvr80il.audiovideoweb.com/il80web20037/ThinkProgress/2007/Page%20A13%205-15-07.pdf
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HV000
02-02 03:11 PM
This is one of the political gimmicks employed by the elected reps. during this Election Year!! Ofcourse, citizenship applications represent a vote bank.
more...
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hsingh82
03-09 09:47 AM
Dear All,
My wife had applied for H1 last year through one desi employer. We received the H1. The employer took initial money from us to pay for the H1 fees promising that once project got started he would pay back. But during search for a project he mentally harassed us a lot. Luckily my PD became current, my wife got EAD and we could work independently. We were thinking of complaint against him to DOL. We have even prepared the case with all the documents and everything.
We were ready to send it but yesterday we came across a case of one Vishal Goyal who sued Patni for paying him low wages. Patni then threatened to harm his family in india if he doesent withdraw the case.
We are just afraid of something like that. I request people to please share if they have been abused by desi employer and if they have sucessfully complained to DOL and their experience in what they went through. Thank You.
Amar
Firstly, I don't understand what was the rush to file for your wife's H1 when your PD was so close. You must have seen the market in US for a long time and must know how desi consultancies work. Having said that, I would encourage you to go ahead and file the complaint. Don't get scared by these threats, it's not easy to harm anyone's family even back home in India. I took my employer to the court and the case was settled between lawyers but for you DOL is better. If you don't do anything at this point, it will keep bugging you all your life that you couldn't do anything against a blood sucker even when you are in USA (in my case that was the motivation even though I was at the edge financially).
My wife had applied for H1 last year through one desi employer. We received the H1. The employer took initial money from us to pay for the H1 fees promising that once project got started he would pay back. But during search for a project he mentally harassed us a lot. Luckily my PD became current, my wife got EAD and we could work independently. We were thinking of complaint against him to DOL. We have even prepared the case with all the documents and everything.
We were ready to send it but yesterday we came across a case of one Vishal Goyal who sued Patni for paying him low wages. Patni then threatened to harm his family in india if he doesent withdraw the case.
We are just afraid of something like that. I request people to please share if they have been abused by desi employer and if they have sucessfully complained to DOL and their experience in what they went through. Thank You.
Amar
Firstly, I don't understand what was the rush to file for your wife's H1 when your PD was so close. You must have seen the market in US for a long time and must know how desi consultancies work. Having said that, I would encourage you to go ahead and file the complaint. Don't get scared by these threats, it's not easy to harm anyone's family even back home in India. I took my employer to the court and the case was settled between lawyers but for you DOL is better. If you don't do anything at this point, it will keep bugging you all your life that you couldn't do anything against a blood sucker even when you are in USA (in my case that was the motivation even though I was at the edge financially).
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anda007
07-11 12:18 PM
I thank the idea of initiating and going about this so quickly. But if the IV or the majority of them here decide that they are going to hold rallies in San Jose/DC area, then I would not be able to participate since I don't see much representation in Denver/Boulder area.
I would appreciate that IV and/or its core members support the concept of sending more flowers/letters/cards etc.
Nothing of this kind is overdoing here.
Send Cards/Letters and more flowers
Keep the momentum going. This is not a one time affair
Anand Sharma
I disagree...I think our next steps should be letters/webfaxes/phone calls to senators and Congressmen/women.
The reason why the flower protest news gained some legs was because it was unique. Lets not over do things. Now that we have somewhat of the media coverage, especially in NY times & Washington Post, we should write letters to senators/congress and request assistance.
I would appreciate that IV and/or its core members support the concept of sending more flowers/letters/cards etc.
Nothing of this kind is overdoing here.
Send Cards/Letters and more flowers
Keep the momentum going. This is not a one time affair
Anand Sharma
I disagree...I think our next steps should be letters/webfaxes/phone calls to senators and Congressmen/women.
The reason why the flower protest news gained some legs was because it was unique. Lets not over do things. Now that we have somewhat of the media coverage, especially in NY times & Washington Post, we should write letters to senators/congress and request assistance.
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thatwillbeit
06-06 03:38 PM
Thanks for your reply wandmaker
akhilmahajan : Here is checklist of documents that I guess should be sent with AP I-131 form
I-131 Application Supporting documents
Copy of I-485 receipt Notice
Copy of I-140 Receipt/Approval Notice
Copy of Prior Advanced Parole Document (AP)
Copy of Biographic Page of Passport
Copy of Drivers' License
2 Passport size Photos
Check for $305 in favor of DHS
akhilmahajan : Here is checklist of documents that I guess should be sent with AP I-131 form
I-131 Application Supporting documents
Copy of I-485 receipt Notice
Copy of I-140 Receipt/Approval Notice
Copy of Prior Advanced Parole Document (AP)
Copy of Biographic Page of Passport
Copy of Drivers' License
2 Passport size Photos
Check for $305 in favor of DHS
bp333
09-25 01:12 PM
"july 12 2007" will be the important date. It will be there as an USCIS stamp in the App. You can re-submit this app in Oct 2007 even if there is no visa available for your PD in Oct, 2007. It will be treated as if it was received on "july 12 2007".
Thanks a lot.
Thanks a lot.
morchu
05-04 02:42 PM
No the H1B doesn't become INVALID.
You just may not be eligible for another extension.
All:
What happens to an H1B (based on 3 year extension derived from approved I-140 & pending I-485 with dates not being current). Does I-485 denial result in the H1B also being invalid?
You just may not be eligible for another extension.
All:
What happens to an H1B (based on 3 year extension derived from approved I-140 & pending I-485 with dates not being current). Does I-485 denial result in the H1B also being invalid?
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